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with all applicable regulations and laws of those governmental agencies having jurisdiction or authority
<br />there over. Tenant shall ensure that all solid waste materials are placed in appropriate covered containers
<br />designed for use with the type of waste involved, which shall remain covered, and locked, and that such
<br />containers remain located on the Hangar and not moved from their location for any reason. Tenant shall
<br />cooperate with City to provide for the proper separation of waste to maximize recycling.
<br />5.4 Hazardous Materials.
<br />A. For the purpose of this Section 4.4, the term "Hazardous Materials"
<br />includes, without limitation, any flammable explosives, radioactive materials, hazardous materials,
<br />hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §9601
<br />or seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 180 I et seq.), the
<br />Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. §9601 et seq.), Section
<br />25117 of the California Health & Safety Code, Section 25316 of the California Health & Safety
<br />Code, and in the regulations adopted and publications promulgated pursuant to them, or any other
<br />federal, state or local environmental laws, ordinances, rules or regulations concerning the
<br />environment, industrial hygiene or public health or safety now in effect or enacted after the
<br />Effective Date.
<br />B. Tenant, its agents, employees, contractors and invitees shall not cause or
<br />permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged,
<br />deposited or leaked in or about the Hangar or the Airport by Tenant or any of Tenant's agents or by
<br />anyone in the Hangar (other than City or its agents, employees or contractors), except to the extent
<br />such Hazardous Materials are cleaning or office supplies customarily kept or used by typical
<br />Hangar tenants, or are necessary or useful to Tenant's business and are kept and used in accordance
<br />with all applicable laws, statutes, ordinances, rules, regulations, orders, requirements, and policies
<br />of any and all governmental agencies and authorities applicable to any such Hazardous Materials
<br />("Hazardous Materials Laws").
<br />C. If Tenant breaches the obligations stated in subparagraph (b) of this
<br />Section 5.4, or if the presence of Hazardous Materials on the Hangar results in contamination of
<br />the Hangar or the Airport, or if Hazardous Materials are otherwise discharged or released from the
<br />Hangar, then Tenant shall indemnify, defend and hold City harmless from and against any and all
<br />claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without
<br />limitation, diminution in value of the Airport, damages for the loss or restriction on use of rentable
<br />or usable space or of any amenity of the Airport, damages arising from any adverse impact on
<br />marketing of space in the Airport, and stuns paid in settlement of claims, attorneys' fees, consultant
<br />fees and expert fees) which arise during or after the term of this Agreement as a result of such
<br />breach, contamination, discharge or release. This indemnification of City by Tenant includes,
<br />without limitation, costs incurred in connection with any investigation of site conditions or any
<br />cleanup, remedial, removal or restoration work required by any federal, state or local governmental
<br />agency or political subdivision because of Hazardous Materials present in, on or under the Hangar.
<br />Without limiting the foregoing, if the presence of any Hazardous Materials on the Hangar results
<br />in any contamination of the Airport, or otherwise results in the release or discharge on, under or
<br />from the Hangar of Hazardous Materials, Tenant shall promptly take all actions at its sole expense
<br />as are necessary to return the Airport to the condition existing prior to the introduction of any such
<br />Hazardous Materials to the Airport or to otherwise remove and/or abate the release or discharged
<br />Hazardous Materials; provided that City's approval of such actions shall first be obtained, which
<br />approval shall not be unreasonably withheld so long as such actions would not potentially have any
<br />material adverse long-term or short-term effect on the Airport, will not unreasonably interfere with
<br />HP Helicopters S1, S8 & N4 Lease agreement 4
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